Madras High Court
Thirunavukkarasu vs Sureshkanna on 8 March, 2023
C.M.A(MD)No.210 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.03.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.210 of 2017
Thirunavukkarasu ... Appellant/Claimant
Vs.
1.Sureshkanna
2.The Branch Manager,
IFFCO TOKYO General Insurance Co., Ltd.,
No.221, ALS Complex, 1st Floor,
Sekkalai Road,
Karaikudi Town,
Sivagangai District. ... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act 1988, to allow the appeal to the effect that so as to
enhance the compensation to the tune of Rs.1,00,000/- in addition to
compensation awarded by the Tribunal by modifying the judgment and
decreetal order made in M.C.O.P.No.368 of 2012, dated 23.04.2016 by
the learned Motor Accident Claims Tribunal/III-Additional District and
Sessions Judge, Thanjavur at Pattukkottai.
For Appellant : Mr.S.Deenadhayalan
For R2 : Mr.V.Sakthivel
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C.M.A(MD)No.210 of 2017
JUDGEMENT
The present appeal has been filed by the injured claimant seeking
enhancement of compensation awarded by the Motor Accident Claims
Tribunal, Thanjavur at Pattukottai.
2. The claimant while he was travelling in his Bolero car, the said
car had capsized and the appellant had sustained injuries in his right
shoulder. The appellant has filed M.C.O.P.No.368 of 2012 seeking a
compensation of Rs.5,00,000/- (Rupees Five Lakh only).
3. It is further submitted that the claimant was originally taken to
Government Hospital, Kadaladi and thereafter, he was admitted to
Elangovan Hospital at Pattukottai where he is said to have been an
in-patient from 13.01.2012 to 20.01.2012. The Orthopedic doctor who
has given treatment to the claimant in the said Elangovan hospital has
issued a disability certificate under Ex.P.9 to the effect that the claimant
has sustained 10% partial permanent disablement.
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C.M.A(MD)No.210 of 2017
4. The tribunal after considering all the documents, came to a
finding that the claimant has suffered some injuries in the right shoulder,
but the tribunal has rejected all the medical bills filed by the claimant
under Ex.P.8 on the ground that they do not relate to the period of
accident. Ultimately, the tribunal has awarded only a sum of Rs.15,000/-
(Rupees Fifteen Thousand only) for the injuries sustained by the
claimant. This order is under challenge in the present appeal.
5. According to the learned counsel appearing for the appellant,
the disability certificate issued by a competent doctor cannot be
disregarded by the Court and ignoring the said disability certificate,
award cannot be passed. He further contended that the medical bills
amount totalling a sum of Rs.40,000/- (Rupees Forty Thousand only)
have not been taken into consideration by the trial Court on the ground
that they do not relate to the accident period. The learned counsel
appearing for the appellant had further contended that the claimant was
an in-patient in Elangovan hospital for a period of one week as per the
deposition of the doctor who has given treatment. However, the said fact
has also not been taken into consideration. Hence, he prayed for
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C.M.A(MD)No.210 of 2017
enhancement of compensation for a further sum of Rs.1,00,000/- (Rupees
One Lakh only).
6. Per contra, the learned counsel appearing for the insurance
company had contended that no records have been placed before the
Court that the claimant was an in-patient for a period of one week. He
further pointed out that the medical bills are related to a period which are
2 years after the accident. Therefore, he prayed for sustaining the award
passed by the tribunal.
7. I have carefully considered the submissions made on either side.
8. As rightly contended by the learned counsel for the appellant,
the tribunal cannot disregard or ignore the disability certificate issued by
the doctor who has given treatment, unless some extraordinary
circumstances are made out by the insurance company. In the present
case, the doctor who has given treatment to the claimant had given the
disability certificate and he has also been examined as P.W.2. Therefore,
I find no reason to disregard the disability certificate Ex.P.9. Calculating
the compensation for 10% disability at the rate of Rs.2,000/- (Rupees
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C.M.A(MD)No.210 of 2017
Two Thousand only) per percentage, it would amount to Rs.20,000/-
(Rupees Twenty Thousand only). The tribunal has not awarded any sum
towards transport expenses and this Court finds that a sum of Rs.2,000/-
(Rupees Two Thousand only) could be awarded towards transport
expenses and another sum of Rs.1,000/- (Rupees One Thousand only)
could be awarded for extra nourishment due to the injuries in the
shoulder. The appellant would be entitled to medical expenses to a sum
of Rs.2,000/- (Rupees Two Thousand only) and another sum of
Rs.5,000/- (Rupees Five Thousand only) towards pain and suffering. In
total, the claimant would be entitled to a sum of Rs.30,000/- (Rupees
Thirty Thousand only).
9. In view of the above said discussion, the appeal is partly
allowed enhancing the total award amount to a sum of Rs.30,000/-
(Rupees Thirty Thousand only). The said enhanced amount of
Rs.15,000/- (Rupees Fifteen Thousand only) shall be paid with interest at
the rate of 7.5% from the date of claim petition. The insurance company
is granted four (4) weeks time to deposit the enhanced amount from the
date of receipt of a copy of this order.
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C.M.A(MD)No.210 of 2017
10. With the said observations, this Civil Miscellaneous Appeal stands partly
allowed. No costs.
08.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
To
1.The Motor Accident Claims Tribunal/I
II-Additional District and Sessions Judge,
Pattukkottai,
Thanjavur.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.210 of 2017
R.VIJAYAKUMAR ,J.
gbg
Order made in
C.M.A(MD)No.210 of 2017
08.03.2023
https://www.mhc.tn.gov.in/judis
